Supreme Court of India · 1993-02-18
HIRALAL MOOLCHAND DOSHI vs BAROT RAMAN LAL RANCHHODAS(DEAD)BY LRS.
- Citation / case number
- SC 1976/60417
- Court
- Supreme Court of India
- Petitioner
- HIRALAL MOOLCHAND DOSHI
- Respondent
- BAROT RAMAN LAL RANCHHODAS(DEAD)BY LRS.
- Author
- YOGESHWAR DAYAL
- Bench
- YOGESHWAR DAYAL
Judgment text excerpt
The Supreme Court addressed the issue of whether a compromise decree can be considered a nullity under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, specifically Sections 12(3)(a), 13(1)(g), and 13(2). The Court held that a compromise decree is not a nullity merely due to an error in its passing, and the executing court can permit the tenant to present fresh evidence regarding the decree's executability. The Court affirmed the lower courts' decisions that the decree was executable, emphasizing that the statutory grounds for eviction must be explicitly satisfied and cannot be inferred from the compromise terms alone.